Item 16 - First Amendment to the Conditional Grant Agreement with Illumination Health + Home for the Richard Lehn Intergenerational Housing Project to Amend Disbursement Provisions for Homeless Housing, Assistance and Prevention Program Funds

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i i EXHIBIT 2 i 4.6 Waiver of Disbursement„ _Conditions. Unless City otherwise agrees in writing, the making by City of any disbursement with knowledge that any condition to such disbursement is not fulfilled shall constitute a waiver of such condition only with respect to the particular disbursement made, and such condition shall be conditioned to all further disbursements until fulfilled. 4.7 Other Terms and Conditions„of Grant. Any disbursed Grant amounts shall become immediately due and payable by Grantee back to City,in the event of any of the following: j (a) Failure to complete the Project within two (2)years of the date of the first disbursement, unless extended due to Force Majeure delays; (b) Violation of any of the use covenants and restrictions contained in this Agreement after the expiration of any applicable notice and cure periods; or, (c) An Event of Default by Grantee,which is not timely cured after expiration of any applicable notice and cure periods pursuant to the terms of this Agreement. 4.8 Costs and Fees. Grantee shall pay all recording fees and charges on any document recorded pursuant to this Agreement. 5. USE AND MAINTENANCE OF THE PROPERTY 5.1 Maintenance_o of the Property. During construction and rehabilitation of the Project, solely at Grantee's expense, Grantee agrees to maintain the Property in a clean and orderly condition and in good condition and repair and keep the Property free from any accumulation of debris and waste materials. If at any time Grantee fails to maintain,or cause to be maintained,the Property as required by this section, and said condition is not corrected after the expiration of a reasonable period of time not to exceed thirty(30)days from the date of written notice from the City,unless such condition cannot reasonably be cured within thirty(30)days,in which case Grantee shall have such additional time as reasonably necessary to complete such cure,the City may perform the necessary maintenance and Grantee shall pay all reasonable costs incurred for such maintenance. Following the Certificate of Completion for construction of the homes,the Property maintenance shall be governed by the provisions of the Regulatory Agreement. 5.2 Obli ation to Refrain from Discrimination. Grantee covenants and agrees for itself,its successors,its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of race,color, creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender,medical conditions;genetic information,military and veteran status,age, national origin,ancestry,or disability, during the course of the Project or rehabilitation or operation of the Property nor shall Grantee itself or any person claiming under or through him/her establish or permit any such practice or practices of discrimination or segregation with reference to the rehabilitation or operation of the Property. The foregoing covenants shall run with the land and shall remain in effect until termination of the Agreement. Following the Certificate of Completion, r the Grantee's obligation to refrain from discrimination shall be governed by the provisions of the Regulatory Agreement.